Australia Family Law

The case being discussed is Central Queensland Hospital and Health Service v Q [2016] QSC 89. The applicant for this case is the Central Queensland Hospital and Health Service. The first respondent is Q, a 12-year-old girl who is nine weeks pregnant. Q was referred to the Central Queensland Hospital and Health Service after visiting a general practitioner to terminate her pregnancy. The Central Queensland Hospital and Health Service, the applicant for this case, then applied to the court in the parens patriae jurisdiction for authorisation to terminate Q’s pregnancy. The parens patriae jurisidiction refers to the power of the court to impose a decision about a child on the basis it is for the child’s best interest. The second respondent is Q’s Father and the third respondent is Q’s Mother. The amicus curiae Ms

The case of Jonah v White (2012) 48 FAM LR 562 wishes to appeal the original decision of Murphy J, in which his Honour asserted that the appellant, (“Ms Jonah”) and the respondent (“Mr White”) had not been in a de-facto relationship in correspondence with the Family Law Act 1975 (Cth) (“the Act”). The appeal is bought before May, Strickland and Ainslie-Wallace JJ in the Full Court of the Family Court of Australia in Brisbane. The case seeks to question and determine what constitutes a law-binding de-facto relationship.

International laws often play a large role in the development of laws and legislation of the Australia Legal System. An example of this is the United Nation’s Convention of the Rights of the Child, otherwise known as ‘CROC’. This has been endorsed by Australian Family Law and has become the basis to which the “best interests of the child” were formed.

Lobby groups such as Marriage Equality Australia and the NSW Gay and Lesbian Lobby Group were instrumental in securing equal rights for homosexual de facto couples, and are currently campaigns for the legislation of same sex marriage. Despite a galaxy polls show that 63% of Australians were in favour of same-sex marriage (‘Majority of Australia supports same-sex marriage’, January 201, SMH), the law has refused to acknowledge it, enacts the Marriage Act Amendment (2004) to stipulate the definition of marriage as being between a ‘man and a women’. However, former PM Kevin Rudd has acknowledged the movement of same-sex marriage, promising to enact it if he were to be re-elected (PM promises legislation of same-sex marriage, August 2013, SMH). As such, it can be seen that although the law has been slower in recognising same-sex marriage, it is still able to reflect contemporary societal values and issues, thus achieves a just outcome for those in same-sex relationships, protecting the individual rights to

Customary laws are the traditional common rules or practices that have been passed down through generations and have become a native part of the expected conduct in a community.

Society’s opinions are constantly, and rapidly changing, and consequently this poses significant challenges to the family law system in Australia. A family is a social unit containing individuals related by blood, marriage or other legally recognised relationships. Family law reforms have been implemented over the past three decades, entailing the recognition of same sex couples. Furthermore, a statutory presumption of shared parenting – as instigated by society’s transitioning values – displays the changing nature of parental responsibility. Not only are society’s views progressing, but surrogacy and birth technologies are

For Australian law to be effective it must be dynamic so it can reflect changing societal views, which law reform can help attain. A significant area of recent social change is the acceptance of same-sex relationships in Australian society. To mirror this, current law reforms have been somewhat effective in achieving just outcomes regarding the recognition of same-sex relationships in Commonwealth law. The combination of official recognition of same-sex relationships to an extent, attempts at removing discrimination in legislation, and the delay of justice denotes this. Considering the achievement of justice and the protection of individual’s rights, it is evident that law reform has significantly improved recognition of same-sex relationships, but there are more essential responses that need to be enacted.

Family law is the most complex aspect of the Australian legal system as it is constantly under review and reform pursuing to adopt society’s continual change in values and principles. The changing of laws in an attempt to be parallel with society is a strenuous process. Nevertheless, legislations are reflective of contemporary society’s values and ethics. Numerous legal issues arise in regards to family including, same sex relationships, domestic violence and divorce ideally on the best interest of the child, where family laws have been imposed to protect individuals and aim to achieve justice.

HOW DOES THE ADVERSARY LEGAL SYSTEM ENSURE RULE OF LAW, AND HOW DOES THIS DIFFER FROM MODERN MEDIA MISCONCEPTIONS?

Hyde v Hyde 1866 defined the term marriage as: “The voluntary union of one man and one woman at the exclusion of all others for life”. This definition is built of the back of a very morally religious country, and in fact prior to the definition it uses the words “in christendom” . The basis of this concept can be traced right back to the creation of religion with the creation of Adam and Eve as Husband and Wife in the bible . This position has stood the test of time and is still to some extent true in today’s society. However the Legislature and Judiciary have over the last forty to fifty years appeared to severely weaken the position and in some instances have gone as far as saying Hyde is no longer relevant .

Family Law Act 1975, in the same year established the Family Court of Australia, and the Act focuses on issues as a result of martial breakdown, such as ‘no fault divorce’; best interest of children, equal valuation of partners contributions (breadwinner / homemaker), equal consideration of mother and father when assessing custody. The Act has been amended and evolved to include coverage for casual and de-facto relationships and ex-nuptial relationships, including distribution of debts and Superannuation as equal property, strengthening court process around domestic and family

Among innumerable reasons why marriage equality should be legalized in Australia, a prominent one is that restricting the option to marry any citizen is discriminatory and unconstitutional. This sort of treatment not only deprives every-day people of their dignity, creating a second class of citizens, but also suggests that LGBTI+ people are somehow unworthy of participation in one of the fundamental institutions of our society. A lack of opportunity to formalize same-sex relations implies that these relationships aren 't of equal standard, exacerbating unjust prejudice and intolerance. This impression is promoted through the lack of financial, medical and social rights associated with marriage to individuals in a civil union, the supposed 'adequate equivalent ' for marriage. Although the legalisation of marriage equality would have no impact on non-LGBTI+ communities,

Marriage has been defined differently throughout the centuries. Today Merriam-Webster defines marriage as, “the state of being united to a person of the opposite sex as husband or wife in a consensual and contractual relationship recognized by law” (“Marriage”). Due to the recent Lesbian, gay, bisexual, and Transsexual or LGBT movement, Merriam-Webster also added a second line to the definition reading “The state of being

"shared parenting" is a controversial topic in family law. It generally refers to the presumption that children of divorced or separated parents should spend an equal (or almost equal) amount of time with each parent. The concept has largely been promoted by fathers' organisations that contend that a child's life is enhanced if both parents continue to be significantly involved in the child's life following separation or divorce.

Marriage declares a legal and socially recognized monogamous relationship between two individuals that is binding for the duration of their life together. While the expectation for marriage is that the spouse will remain faithful to only their partner, relationships (whether romantic or sexual) which develop outside the bounds of marriage constitutes infidelity and are actually not uncommon. Extramarital affairs are not considered illegal in Australia, but the actions of the infidel spouse often has detrimental impacts on the relationships and wellbeing of those around them, while also causing moral problems for society. Marital relationships and occurrences of